“拔牙要签同意书案”的知情同意探究

让患者知情同意义务是近些年来在医疗诉讼过程中逐步从一般注意义务中分化出来的特殊注意义务。但如何确定患者知情同意,如何界定医生行使告知义务时的信息披露程度,一直没有一个确定的标准,在法律、医患沟通、医疗保险制度等方面还有许多要完善的地方。

Study on Informed Consent of Signing Document in Tooth Extraction

Informed Consent obligation is a special attention duty gradually separated from the general attention duty in the medical treatment litigation process in recent years. In order to guarantee the carrying out of the patients' self-determination right, doctors in the medical treatment should get the approval of patients on whom information disclosure are fully performed. But there is not an exact standard on how to ensure the informed consent of the patients and on in which extent should the doctors disclose the information. To make better the law, the communication between the doctors and the patients as well the hospitalization insurance system, there is still a lot of work to do.